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Parents, Officials Rally For Briana's Law

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Briana Ojeda
The parents of 11-year-old Briana Ojeda, who died of an asthma attack, blame NYPD officer Alfonso Mendez for refusing to perform CPR on her and held a rally yesterday to demand a criminal investigation into Mendez's actions. They also want the state to make a new law making it a crime for an officer to refuse to give emergency medical assistance. Mendez has already been suspended for failing to take proper police action, but the some officials agree that the punishment should be greater. State Assemblyman Felix Ortiz told NY1, "If every police officer, every police officer was recertificate in the CPR, then I will guarantee you that we would not be standing here at this moment."

Officers are trained in CPR at police academy, but many never get recertified. Mendez, who claimed he didn't know CPR, is a five-year NYPD veteran, so it is likely his certificate expired three years ago. At one point, it was also reported that Briana Ojeda was still breathing when Mendez was present. Mendez reportedly kept Briana's mother, Carmen, from driving Briana to the hospital after Carmen rushed the wrong way down a one-way street and hit a parked car. Carmen was eventually allowed to head to the hospital, where Briana died about an hour after arriving. Mendez says a good Samaritan was already performing CPR on Briana when he arrived, and she was receiving oxygen from a tank her mother kept in the car.

NYPD officers are offered refresher CPR courses every two years, but they are not mandatory. The law would make it mandatory for cops to have up-to-date certifications in CPR and first aid, and a misdemeanor for a cop to refuse medical help in an emergency. The Ojedas are also seeking criminal charges of "reckless endangerment, endangering the welfare of a child and reckless misconduct" against Mendez, according to Bonita Zelman, the Ojeda family’s lawyer. Ortiz vowed to pass the law, saying, “I will push the legislation until we get it done."

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Comments [rss]

  • just saying

    "The parents of 11-year-old Briana Ojeda...blame NYPD officer Alfonso Mendez for refusing to perform CPR on her..."

    Even though the cop didn't perform CPR, there was a Good Samaritan who actually did perform CPR. CPR alone did not/could not help Briana. Too much emphasis is being placed on CPR as a quick fix. The mother should have waited for the ambulance which would have had the proper medical equipment to treat her daughter.

  • John L

    There's still so many unanswered questions in this case, such as how long did the cop actually hold them up, one minute? 5 minutes? 10 minutes? I live in the area and from where they say they ran into into the officer, where apparently Brianna was still breathing, and from there to the hospital it's about 3 or 4 blocks, tops. So my question is how much of the delay was due to them being stuck in traffic trying to go the wrong way and how much of the delay was caused by the cop.

    I think they're all culpable to an extent. The mother for panicking and trying to take matters into her own hands and the cop for just being a dick. The difference is the mother was trying desperately to save her daughter's life while the cop was just being a dick with no real purpose other than to be a dick. I think just the fact that this cop went into hiding and shaved his head is indicative that he knows he did something wrong.

  • rdayk

    It's hard to criticize the mom for panicking while her kid was dying. That situation would make any parent panic. Yeah, she should have called 911, but hindsight's 20/20. However, I do think she deserves criticism for insisting it's this bad cop's fault her kid died. The cop deserves whatever's coming to him and he did act irresponsibly, but what killed her kid was asthma. The mom just wants someone to blame as a consolation, but the kid was killed by a disease, not by a person.

  • fuboy

    This is a dangerous law to be flirting with.

    Will police officers also be required to hold malpractice insurance if they cause physical harm in the process of trying to help? Broken ribs are somewhat common in heart-attack CPR cases. I'd think, since their participation is mandatory, that the city should cover that cost.

    And 'first aid' is pretty flimsy. What kind of first aid will they be expected to perform? Putting a band-aid on a deep cut is first aid. Immobilizing a compound fracture victim is also considered first aid. Will cops be issued non-latex gloves to put on if they're dealing with a victim's bleeding wound?

    I agree that CPR recertification should be mandatory for the police, but these are cops, not EMTs. It's kind of why EMTs exist, to administer expert first aid and stabilize a patient for transport to a hospital.

    Alfonso Mendez is a dick, but I still say Carmen Ojeda did more to recklessly endanger her daughter's life by panicking, jumping into a car and getting into an accident instead of calling 911.

  • kc2slg

    You're absolutely right about the malpractice--if police officers are required to have CPR certification, and use it in the course of their work, they and the NYPD should be immune from related lawsuits. Beyond that, EMTs are the ones with training.

    The woman is responsible for her daughter's death, sad to say. She should have had CPR training herself and should have called 911.

  • Spirit of 76

    They already have liability protection under New York State law.

    Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person. Nothing in this section shall be deemed or construed to relieve a licensed physician, dentist, nurse, physical therapist or registered physician's assistant from liability for damages for injuries or death caused by an act or omission on the part of such person while rendering professional services in the normal and ordinary course of his or her practice.

    As cops are not medical personnel and these emergency situations are almost never in medical facilities, they would be safe.

  • kc2slg

    No, this shows exactly why cops would not be safe. They are certainly not acting "with no expectation of monetary compensation"--they are getting paid for the job. This Good Samaritan law would have to be changed or expanded.

  • Spirit of 76

    That's your personal misinterpretation at work again. See, for example, Ohio's Samaritan law, which spells it out in no uncertain terms: "The administering of such care or treatment by one as a part of his duties as a paid member of any organization of law enforcement officers or fire fighters does not cause such to be a rendering for remuneration or expectation of remuneration." Why would you expect NYS law to be different?

  • jaycjay

    There is actually no reason to think that this CPR certification status played any role in this at all. He chose not to perform CPR. He was quoted as sarcastically saying that he did not know how when he was asked if he did, but that seems to be exactly what it was portrayed to be: a sarcastic response. On the other hand, he says that someone already was performing CPR, so there was no need for him to do so.

    No matter which version is true, the status of his certification was irrelevant.

  • jaycjay

    It should be a misdemeanor for a parent not to call 911 and wait in one place for the responding ambulance when a child has an medical emergency.

  • Rocknrope

    "If every police officer, every police officer was recertificate in the CPR..."

    Is that a direct quote?

    But I also like savings de money.

  • Ishtar

    Yes. He said exactly that in the video. :-(

  • Ishtar

    "If every police officer, every police officer was recertificate in the CPR, then I will guarantee you that we would not be standing here at this moment."

    I would like to hear what a medical professional has to say about this, specifically a pulmonologist.

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